Rochdale Village, Inc. - Order, January 17, 2001

Order, January 17, 2001

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter
- of -
the Alleged Violations of Article 17 of the Environmental Conservation Law of the State of New York and Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR")

- by -

ROCHDALE VILLAGE, INC.,
Respondent.

ORDER

Case No. 2-405116

WHEREAS:

1. Pursuant to a Notice of Hearing and Complaint dated December 10, 1999 and duly served upon the Respondent Rochdale Village, Inc., the New York State Department of Environmental Conservation ("DEC") Region 2 Staff commenced an administrative enforcement proceeding against the above-named Respondent.
2. The Respondent was properly served with the Notice of Hearing (including notice of a pre-hearing conference) and Complaint by Certified Mail on December 16, 1999.
3. Service of process by certified mail was accomplished in accordance with 6 NYCRR 622.3.
4. The time for Respondent to serve an Answer expired on January 5, 2000. The Respondent has failed to serve an Answer to Department Staff's Complaint within that time, or since.
5. The Respondent failed to appear at the pre-hearing conference on January 26, 2000.
6. With respect to the Respondent's failure to answer or appear, DEC Staff made a Motion for Default Judgment, dated December 26, 2000.
7. Pursuant to 6 NYCRR 622.15, the Respondent is found to be in default and has waived its right to a hearing in this enforcement proceeding. Accordingly, Department Staff's allegations against the Respondent as set forth in the Complaint, are deemed admitted by the Respondent as a matter of law.
8. The Respondent has violated ECL Article 17, Title 10 (§17-1005) and 6 NYCRR Part 613 (613.5) at its facility at 132-11 Bedell Street, Jamacia, New York, on two occasions by failing to conduct tightness testing and filing the reports of such testing for Tanks 001 and 002, as set forth more fully in the Complaint.
9. Pursuant to ECL §71-1929, any person who violates any provision of or who fails to perform any duty imposed by ECL Article 17, Titles 1 through 11, or rules and regulations promulgated pursuant thereto, is subject to a civil penalty not to exceed TWENTY FIVE THOUSAND ($25,000) DOLLARS per day for each violation.

NOW, THEREFORE, have considered this matter, it is ORDERED that:

1. The Respondent Rochdale Village, Inc., is assessed a civil monetary penalty of FIFTEEN THOUSAND ($15,000) DOLLARS, for having violated ECL Article 17 and 6 NYCRR Part 613. Within thirty (30) days of the service of a conformed copy of this Order upon the Respondent, the Respondent shall submit this monetary penalty payment to: Legal Affairs Region Two, New York State Department of Environmental Conservation, One Hunters Point Plaza, 47-40 21^st Street, Long Island City, NY 11101.
2. Within thirty (30) days of the service of a conformed copy of this Order upon the Respondent, the Respondent shall either:
   1. conduct tightness testing on each of the two tanks and connecting systems at the facility located at 132-11 Bedell Street in accordance with 6 NYCRR 613.5, or
   2. permanently close the two tanks and connecting pipe systems in accordance with 6 NYCRR 613.9(b), (c), (d) and (e).
3. The Respondent shall notify the Department at least five business days in advance of conducting any tightness testing.
4. A test report containing the results of such test(s) shall be submitted to the Department within fifteen days of the completion of such test(s). In the event that a tightness test reveals that a tank is not tight, that portion of the facility which failed the test must be promptly repaired, replaced or closed in accordance with 6 NYCRR 613.5(a)(5). Additionally, pursuant to 6 NYCRR 613.8, if such test(s) reveal that a tank is leaking, such leak must be reported to the Department within two hours of discovery by calling the Spills telephone hotline at (800) 457-7362 or, for out-of-state callers, (518) 457-7362.
5. The Respondent shall cease and desist from any and all future violations of the ECL and rules and regulations promulgated pursuant thereto.
6. All communications from the Respondent to the Department concerning this order shall be made to the Department's Region 2 Director, One Hunters Point Plaza, 47-40 21^st Street, Long Island City, New York 11101-5401.
7. The provisions, terms and conditions of this order shall bind the Respondent, its agents, servants, employees, successors and assigns and all persons, firms and corporations acting for or on behalf of the Respondent.

For the New York State Department
of Environmental Conservation

_____________/s/_____________
By: John P. Cahill,
Commissioner

Dated: January 17, 2001
Albany, New York

TO: BENJAMIN CONLON, ESQ.
50 WOLF ROAD
ALBANY, NEW YORK 12203-5550

ROCHDALE VILLAGE, INC.
132-11 BEDELL STREET
JAMACIA, NEW YORK 11434

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